1330

LAWS OF MARYLAND

Ch. 108

19-118.

(A) IF THE COMMISSION RECEIVES AN APPLICATION FOR A
CERTIFICATE OF NEED FOR A HEALTH CARE PROJECT THAT WOULD
CREATE A NEW HEALTH CARE SERVICE OR ABOLISH AN EXISTING
HEALTH CARE SERVICE, THE COMMISSION SHALL GIVE NOTICE OF THE
FILING BY PUBLICATION IN THE MARYLAND REGISTER AND GIVE THE
FOLLOWING NOTICE TO:

(1) EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE
DISTRICT THE ACTION IS PLANNED;

(2) EACH MEMBER OF THE GOVERNING BODY FOR THE
COUNTY WHERE THE ACTION IS PLANNED;

(3) THE COUNTY EXECUTIVE, MAYOR, OR CHIEF
EXECUTIVE OFFICER, IF ANY, IN WHOSE COUNTY OR CITY, THE
ACTION IS PLANNED;

(4) ANY HEALTH CARE PROVIDER, THIRD PARTY PAYOR,
LOCAL PLANNING AGENCY, OR ANY OTHER PERSON THE COMMISSION
KNOWS HAS AN INTEREST IN THE APPLICATION.

(B) FAILURE TO GIVE NOTICE SHALL NOT ADVERSELY AFFECT
THE APPLICATION.

(C) (1) ALL DECISIONS OF THE COMMISSION ON AN
APPLICATION FOR A CERTIFICATE OF NEED, EXCEPT IN EMERGENCY
CIRCUMSTANCES POSING A THREAT TO PUBLIC HEALTH, SHALL BE
CONSISTENT WITH THE STATE HEALTH PLAN AND THE STANDARDS FOR
REVIEW ESTABLISHED BY THE COUNCIL.

(2) THE MERE FAILURE OF THE STATE HEALTH PLAN TO
ADDRESS ANY PARTICULAR PROJECT OR HEALTH CARE SERVICE SHALL
NOT ALONE BE DEEMED TO RENDER THE PROJECT INCONSISTENT WITH
THE STATE HEALTH PLAN.

(3) UNLESS THE COMMISSION FINDS THAT THE
FACILITY OR SERVICE FOR WHICH THE PROPOSED EXPENDITURE IS TO
BE MADE IS NOT NEEDED OR IS NOT CONSISTENT WITH THE STATE
HEALTH PLAN, THE COMMISSION SHALL APPROVE AN APPLICATION FOR
A CERTIFICATE OF NEED REQUIRED UNDER SECTION 19-115(K) OF
THIS SUBTITLE TO THE EXTENT THAT THE EXPENDITURE IS TO BE
MADE TO:

(I) ELIMINATE OR PREVENT AN IMMINENT
SAFETY HAZARD, AS DEFINED BY FEDERAL, STATE, OR LOCAL FIRE,
BUILDING, OR LIFE SAFETY CODES OR REGULATIONS;

(II) COMPLY WITH STATE LICENSING

STANDARDS; OR

(III) COMPLY WITH ACCREDITATION STANDARDS
FOR REIMBURSEMENT UNDER TITLE XVIII OF THE SOCIAL SECURITY